State v. Bruno

25 Citing cases

  1. State v. Tongue

    170 Vt. 409 (Vt. 2000)   Cited 11 times
    Explaining that court's findings of fact will be upheld unless they are unsupported by evidence or clearly erroneous, and its conclusion regarding good cause will be upheld if supported by findings

    We have never held that, where new facts are adduced in a motion to reconsider, the court is required to reconsider its ruling. In State v. Bruno, 157 Vt. 6, 595 A.2d 272 (1991), we stated that it is better practice for the court to reconsider a pretrial ruling "where serious grounds arise as to the correctness of the . . . ruling." Id. at 8, 595 A.2d at 273-74.

  2. State v. Lamb

    168 Vt. 194 (Vt. 1998)   Cited 26 times
    Holding that a traffic stop was “more than” justified where a 911 caller reported that the defendant was “very upset and intoxicated and was leaving a residence” because of the “impossibility that such information could have been supplied by anyone but a knowledgeable insider”

    The State has urged affirmance here on the theory that defendant was reported to have been involved in a domestic disturbance. We considered a situation similar to this case in State v. Bruno, 157 Vt. 6, 595 A.2d 272 (1991) where the motions judge had found a DUI stop to be constitutionally lawful based on one theory, with supporting findings, and the trial judge found it lawful based on a different theory, supported by new findings inconsistent with those of the motions judge. We held that the action of the trial judge controlled and found this judge's rationale to be valid.

  3. State v. Hayes

    2016 Vt. 105 (Vt. 2016)   Cited 5 times
    In Hayes, the defendant challenged the strength of the evidence supporting the officer's reasonable suspicion that the defendant was driving impaired.

    ¶ 12. Taken together, defendant’s actions were sufficient to create a reasonable and articulable suspicion that defendant may have been driving impaired. Cf. State v. Bruno, 157 Vt. 6 , 11, 595 A.2d 272 , 275 (1991) (concluding that arresting officer’s observations of defendant swerving and drifting in his lane before briefly parking and then operating his vehicle without headlights were sufficient to raise officer’s reasonable and articulable suspicion that defendant was driving impaired). In a relatively short period of time, the officer observed multiple indications of defendant’s lack of attention while operating her vehicle.

  4. State v. Pratt

    182 Vt. 165 (Vt. 2007)   Cited 22 times
    Concluding that intra-lane weaving on several occasions over five miles was sufficient grounds for lawful stop

    ¶ 5. A legal investigatory stop is justified if a police officer has a reasonable and articulable suspicion of criminal activity. State v. Bruno, 157 Vt. 6, 11, 595 A.2d 272, 275 (1991). "The officer must have more than an unparticularized suspicion or hunch of criminal activity, but needs considerably less than proof of wrongdoing by a preponderance of the evidence."

  5. State v. Henning

    975 S.W.2d 290 (Tenn. 1998)   Cited 638 times   2 Legal Analyses
    Holding that because the rules of appellate procedure "contemplate that allegations of error should be evaluated in light of the entire record" an appellate court "may consider the proof adduced both at the suppression hearing and at trial"

    , 94 Ariz. 417, 385 P.2d 709, 710 (1963) (warrantless arrest); State v. Whitaker, 215 Conn. 739, 578 A.2d 1031, 1033 (1990) (voluntariness of confession); People v. Gilliam, 172 In.2d 484, 218 Ill.Dec. 884, 670 N.E.2d 606, 614 (1996) (voluntariness of statement); Lamb v. State, 264 Ind. 563, 348 N.E.2d 1, 3 (1976) (voluntariness of statement); State v. Jackson, 542 N.W.2d 842, 844 (Iowa 1996) (inventory search); State v. Chopin, 372 So.2d 1222, 1224, n. 2 (La. 1979) (investigatory stop); State v. Parkinson, 389 A.2d 1, 10 (Me. 1978) (warrantless arrest); State v. Sharp, 217 Mont. 40, 702 P.2d 959, 961 (1985) (investigatory stop); State v. Huffman., 181 Neb. 356, 148 N.W.2d 321, 322 (1967) (warrantless search); State v. Martinez, 94 N.M. 436, 612 P.2d 228, 231 (1980) (warrantless arrest and search); Commonwealth v. Chacko, 500 Pa. 571, 459 A.2d 311, 318, n. 5 (1983) (voluntariness of statement); State v Keeling, 89 S.D. 436, 233 N.W.2d 586, 590, n. 2 (1975) (pretrial identif1cation); State v. Bruno, 157 Vt. 6, 595 A.2d 272, 273 (1991) (investigatory stop); Carroll v. State, 938 P.2d 848, 850 (Wyo. 1997) (warrantless arrest); Henry v. State, 468 So.2d 896, 899 (Ala. Crim. App. 1984) (voluntariness of statement); Sayers v. State, 226 Ga. App. 645, 487 S.E.2d 437, 438 (1997) (investigatory stop); State v. Kong, 77 Haw. 264, 883 P.2d 686, 688 (1994) (voluntariness of statement); State v. Sims, 952 S.W.2d 286, 290 (Mo. App. 1997) (pretrial identification); Woodson v. Commonwealth, 25 Va. App. 621, 491 S.E.2d 743, 745 (1997) (warrantless search). But see contra Trusty v. State, 308 Md. 658, 521 A.2d 749, 755 (1987) (warrantless arrest); Commonwealth v. Doulette, 414 Mass. 653, 609 N.E.2d 473, 474 (1993) (warrantless search); People v. Kaigler, 368 Mich. 281, 118 N.W.2d 406, 409 (1962) (warrantless search); State v. Buzzard, 194 W. Va. 544, 461 S.E.2d 50, 58 (1995) (warrantless search); People v. Breault, 223 Cal.App.3d 125, 273 Cal.Rptr. 110, 117 (4 Dist. 1990) (warrantless search); People v. Braithwaite, 172 A.D.2d 548,

  6. State v. Zumbo

    157 Vt. 589 (Vt. 1991)   Cited 9 times
    Rejecting argument by adult defendant that Article 10 requires Miranda warnings in circumstances other than those required by the Fifth Amendment

    Where no new facts are adduced at trial, it would be counterproductive and a waste of judicial resources to require redetermination of a pretrial ruling by the trial judge. State v. Bruno, 157 Vt. 6, 8 n.1, 595 A.2d 272, 274 n.1 (1991) (for reasons of judicial economy, "trial court reconsideration of pretrial suppression rulings is to be the exception, not the rule"). We shall not require a trial judge to reconsider a pretrial decision under such circumstances.

  7. State v. Lynds

    158 Vt. 37 (Vt. 1991)   Cited 20 times
    Ruling that witness was unavailable so deposition could be admitted analyzed as confrontation clause issue to determine harmless error standard

    Thus, the trial court is given discretion on whether to review a pretrial ruling with the understanding that reconsideration is the exception, not the rule. See State v. Bruno, 157 Vt. 6, 8 n.1, 595 A.2d 272, 274 n.1 (1991). Consistent with this view, we recently held that it was error for the trial judge to reconsider a pretrial ruling granting a motion to suppress in the absence of new evidence or similar circumstances.

  8. State v. Sinquell-Gainey

    2022 Vt. 19 (Vt. 2022)

    And in State v. Bruno, we affirmed a traffic stop on suspicion of impaired driving where the officer observed the defendant swerving in the lane before briefly parking on a deadend street and then operated the vehicle without headlights. 157 Vt. 6, 11, 595 A.2d 272, 275 (1991). We agreed "that these facts are sufficient to give rise to a reasonable and articulable suspicion on the part of the officer that the defendant was operating his motor vehicle while intoxicated." Id.

  9. State v. Sinquell-Gainey

    2022 Vt. 19 (Vt. 2022)

    And in State v. Bruno, we affirmed a traffic stop on suspicion of impaired driving where the officer observed the defendant swerving in the lane before briefly parking on a dead-end street and then operated the vehicle without headlights. 157 Vt. 6, 11, 595 A.2d 272, 275 (1991). We agreed "that these facts are sufficient to give rise to a reasonable and articulable suspicion on the part of the officer that the defendant was operating his motor vehicle while intoxicated."

  10. In re L.J.

    622 Pa. 126 (Pa. 2013)   Cited 543 times
    Holding that the appellate scope of review of a suppression issue is limited to the suppression hearing record

    on); People v. Gilliam, 172 Ill.2d 484, 670 N.E.2d 606, 614, 218 Ill.Dec. 884 (Ill. 1996) (voluntariness of statement); Lamb v. State, 264 Ind. 563, 348 N.E.2d 1, 3 (Ind. 1976) (voluntariness of statement); State v. Jackson, 542 N.W.2d 842, 844 (Iowa 1996) (inventory search); State v. Chopin, 372 So.2d 1222, 1224, n. 2 (La. 1979) (investigatory stop); State v. Parkinson, 389 A.2d 1, 10 (Me. 1978) (warrantless arrest); State v. Sharp, 217 Mont. 40, 702 P.2d 959, 961 (Mont. 1985) (investigatory stop); State v. Huffman, 181 Neb. 356, 148 N.W.2d 321, 322 (Neb. 1967) (warrantless search); State v. Martinez, 1980- NMSC 066, 94 N.M. 436, 612 P.2d 228, 231 (N.M. 1980) (warrantless arrest and search); Commonwealth v. Chacko, 500 Pa. 571, 459 A.2d 311, 318, n.5 (Pa. 1983) (voluntariness of statement); State v. Keeling, 89 S.D. 436, 233 N.W.2d 586, 590, n.2 (S.D. 1975) (pretrial identification); State v. Bruno, 157 Vt. 6, 595 A.2d 272. 273 (Vt. 1991) (investigatory stop); Carroll v. State, 938 P.2d 848, 850 (Wyo. 1997) (warrantless arrest); Henry v. State, 468 So.2d 896, 899 (Ala.Crim.App. 1984) (voluntariness of statement); Sayers v. State, 226 Ga.App. 645, 487 S.E.2d 437, 438 (Ga.App. 1997) (investigatory stop); State v. Kong, 77 Haw. 264, 883 P.2d 686, 688 (Hawaii App. 1994) (voluntariness of statement); State v. Sims, 952 S.W.2d 286, 290 (Mo. App. 1997) (pretrial identification); Woodson v. Commonwealth, 25 Va.App. 621, 491 S.E.2d 743, 745 (Va. App. 1997) (warrantless search). State v. Henning, 975 S.W.2d 290, 297-98 (Tenn. 1998).